Shenzhen issued foreign investment regulations for foreign investment regulations outside the field
Author:Golden sheep net Time:2022.09.09
Yangcheng Evening News all -media reporter Shen Tingting
The reporter was informed that the "Regulations on the Foreign Investment of Shenzhen Special Economic Zone" (hereinafter referred to as the "Regulations") has recently been reviewed and approved by the Standing Committee of the Shenzhen Municipal People's Congress. The rule of law guarantee. The "Regulations" prohibit restrictions on or prohibited measures for foreign investment access in addition to the negative list of foreign investment access issued by the state, and further enhance the enthusiasm of foreign investors to deeply invest in foreign investors. The functional institution supports it to upgrade to the Asia -Pacific headquarters and global headquarters.
There must be no foreign investment access restrictions on the negative list
As the forefront of reform and opening up, Shenzhen has the first advantage in promoting foreign investment and improving foreign investment services. Since its business license in mainland China in 1981, Shenzhen has set up more than 100,000 foreign -invested enterprises in Shenzhen, and a total of more than 300 billion US dollars in absorption contracts.
The relevant person in charge of the Shenzhen Municipal Bureau of Commerce said that in 2021, nearly 6,000 foreign -invested enterprises were established in Shenzhen in 2021, an increase of more than 30%year -on -year; the actual use of foreign capital exceeded 10 billion US dollars, a year -on -year increase of more than 20%, reaching a record high. In the first half of this year, Shenzhen's actual use of foreign capital was about 5.8 billion US dollars, an increase of about 11%year -on -year.
Based on the actual situation of Shenzhen, the "Regulations" further supplemented and refine the "People's Republic of China Foreign Investment Law" and other aspects of the aspects of foreign investment access, improving foreign investment convenience, strengthening the protection of foreign investment rights, and improving government public services. A series of system design.
The "Regulations" clearly states that the areas other than the negative list of foreign investment access, in accordance with the principles of consistent domestic and foreign capital, implement and manage, and enter the same conditions as foreign investors as domestic enterprises; Foreign investors make applications, and relevant departments make decisions of whether they are admitted in accordance with laws and regulations. At the same time, encourage and guide foreign investors to invest in my country's "Encouraging Foreign Investment Industry Catalogs" and Shenzhen key development areas such as advanced manufacturing, emerging industries, high -tech, energy saving and environmental protection.
Foreign investment enterprises equal participation in the construction of public service platform construction
Shenzhen standardization work has always been at the forefront of the country. The "Regulations" support foreign investment enterprises to participate in the formulation and revision of local standards in accordance with the law, and put forward "formulating local standards that are closely related to the production and operation of foreign -invested enterprises, and the opinions of foreign investment enterprises should be listened to."
The reporter from Yangcheng Evening News saw that the "Regulations" also further guarantee the legitimate rights and interests of foreign investment enterprises, respond to the concerns of foreign -invested enterprises, and replenish relevant laws and regulations in combination with the actual situation of Shenzhen.
In terms of technical cooperation, foreign investors and foreign -invested enterprises are encouraged to carry out technical cooperation with colleges and universities, scientific research institutions, industry associations, and other enterprises based on voluntary principles and business rules; technical cooperation such as technical infringement liability and improving technology belonging and other technical cooperation Conditions are determined by equal negotiations of partners in accordance with the law. Foreign investment enterprises have participated in the construction of Shenzhen R & D public service platform, government science and technology plan projects and key laboratories, and enjoy supporting policies.
In terms of intellectual property protection, it is stipulated to protect the intellectual property rights of foreign investors and foreign -invested enterprises in accordance with the law, establish and improve the rapid collaborative protection mechanism of intellectual property rights and intellectual property administrative law enforcement protection systems in cross -regional, cross -sectoral intellectual property rights. The behavior of intellectual property rights of investment enterprises; the municipal and district people's courts should accept and review the property preservation, evidence preservation, and behavioral preservation of foreign investors and foreign -invested enterprises in accordance with the law in accordance with the law. Applicable punitive compensation in accordance with the law.
In order to better protect investors' rights, the Regulations put forward higher requirements for the handling efficiency of foreign investment complaints. The general complaint matters are consistent with the relevant regulations of Guangdong Province. The relevant working departments shall make a processing decision within 20 working days from the date of acceptance of the complaint. Ten working days have shortened ten working days compared to national and Guangdong regulations.
Encourage foreign investment to set up a regional headquarters of multinational companies
In 2021, the Shenzhen Municipal Bureau of Commerce formulated and issued the "Shenzhen Municipal Measures to Encourage Multinational Corporation to Establish Headquarters Enterprise" to build a global high -ground headquarters of global demonstration.
It is reported that as of now, Shenzhen has identified three batches of 43 multinational headquarters companies, including Wal -Mart, China Resources Wanjia, Kaidi Medical, and Mikel. In the identified company headquarters, Shenzhen will give a maximum of 6 million yuan award. The identification of the headquarters of the multinational company has strengthened its confidence in the deep development of foreign -invested enterprises, and realized the optimal coupling of the enterprise industry chain, value chain, supply chain and Shenzhen resources.
This year, a large number of foreign -funded enterprises have invested in the industry in Shenzhen, and a group of Fortune 500 companies and projects such as the Poor Innovation Practice Base of Swiss ABB Group's Electric Transportation China Headquarters, Siemens (Shenzhen) Magnetic Resonance Co., Ltd. Shenzhen.
The "Regulations" mentioned the level of facilitation of foreign investment, further enhance the enthusiasm of foreign investors, and encouraged foreign investors to set up a multinational company headquarters and various functional institutions in the Shenzhen Special Economic Zone, support it to upgrade to Asia -Pacific headquarters, global Headquarters. At the same time, many convenient measures have been stipulated in public service supply and foreign -invested enterprises to handle cross -border financing and fund settlement. For example, the municipal and district people's governments have made great contributions to the promotion of employment, economic development, and technological innovation within their legal authority, and formulate investment facilitation policies in terms of expense reduction, land protection, public service supply, etc., and implement fiscal and taxation in accordance with the law. , Financial, land use and other preferential treatment.
Explore the establishment of an international professional qualification certificate recognition list system
In order to better attract high -level foreign talents, the Regulations stipulate that in areas where public safety and the lives of the people's lives are not directly involved in the health and controlling risks, and the establishment of an international professional qualification certificate recognition list system, some occupations that need to hold a certificate must be held. International talents who are allowed to obtain an overseas professional qualification or recognized international professional organization certification, and have been appointed by the level of ability or the relevant departments are engaged in practicing activities.
Considering the work characteristics and actual situation of the new crown epidemic prevention and control requirements and the actual situation of the relevant personnel of foreign investors and relevant personnel of foreign -invested enterprises, the "Regulations" stipulate that foreign investors and foreign -invested enterprises handle related matters related to business activities. If the information cannot be provided on the spot, the relevant departments and institutions can adopt an alternative method for online processing or provide convenience through accepting notarization and certification documents.
The "Regulations" also provides in terms of improving the level of convenience of customs clearance. It is clear that the customs should optimize the business process of customs clearance in accordance with the relevant requirements of the state to promote the facilitation of cross -border trade, deepen the construction of a single window for international trade, and improve the efficiency of customs clearance; Credit cultivation services, guiding qualified foreign -invested enterprises in accordance with the provisions of the international treaty and the state's credit management of customs enterprises, apply to become certified operators, and provide corresponding customs clearance convenience support.
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